N o t i c e o f M e e t i n g
Administration Committee
Wednesday 17 December 2014 at 5.30pm Committee Room 2, Kensington Town Hall, Hornton Street, W8 7NX
Contact: Mr M Carver E-mail: [email protected] Tel: 020 7361 3417 Website: www.rbkc.gov.uk Issue Date: 9 December 2014
Town Clerk - Nicholas Holgate
Committee Membership: Councillors Nicholas Paget-Brown (Chairman), Tim Ahern (Vice-Chairman), Judith Blakeman, Victoria Borwick, Professor Sir Anthony Coates Bt, BSc, MD, FRCPath, FRCP, Emma Dent Coad, MA and Rock Feilding-Mellen.
Public Agenda PLEASE NOTE 5.30pm START
A1 Apologies for Absence
A2 Declarations of Interest
Any Member of the Committee, or any other Member present in the meeting room, who has a disclosable pecuniary interest in a matter to be considered at the meeting is reminded to disclose the interest to the meeting and to leave the room while any discussion or vote on the matter takes place.
Members are also reminded that if they have any other significant interest in a matter to be considered at the meeting, which they feel should be declared in the public interest, such interests should be declared to the meeting. In such circumstances Members should consider whether their continued participation, in the matter relating to the interest, would be reasonable in the circumstances, particularly if the interest may give rise to a perception of a conflict of interests, or whether they should leave the room while any discussion or vote on the matter takes place.
A3 Minutes
The minutes of the meeting held on 5 November 2014 are submitted for confirmation and signature.
A4. Review of Polling Districts and Polling Places – Report by the Electoral Registration Officer attached
A5. Appointment of Co-opted Members to the Adult Social Care and Health Scrutiny Committee – Report of the Director of Strategy and Local Services attached
A6. The Openness of Local Government Bodies Regulations 2014 – Report of the Chief Solicitor and Head of Regeneration Law and the Head of Governance Services attached
A7. Any other oral or written items which the Chairman considers urgent.
[Each written report on the public part of the Agenda as detailed above: (i) was made available for public inspection from the date of the Agenda; (ii) incorporates a list of the background papers which (i) disclose any facts or matters on which that report, or any important part of it, is based; and (ii) have been relied upon to a material extent in preparing it. (Relevant documents which contain confidential or exempt information are not listed.); and (iii) may, with the consent of the Chairman and subject to specified reasons, be supported at the meeting by way of oral statement or further written report in the event of special circumstances arising after the despatch of the Agenda.]
Exclusion of the Press and Public There are no matters scheduled to be discussed at this meeting that would appear to disclose confidential or exempt information under the provisions Schedule 12A of the Local Government (Access to Information) Act 1985. Should any such matters arise during the course of discussion of the above items or should the Chairman agree to discuss any other such matters on the grounds of urgency, the Committee will wish to resolve to exclude the press and public by virtue of the private nature of the business to be transacted.
The next ordinary meeting of this Committee is scheduled to be held on Wednesday 11 February 2015.
Minutes of a meeting of the Administration Committee held at Kensington Town Hall, Hornton Street, W8 7NX at 5.30pm on 5 November 2014
PRESENT Members of the Committee Cllr Nicholas Paget-Brown (Chairman) Cllr Tim Ahern (Vice-Chairman) Cllr Judith Blakeman Cllr Professor Sir Anthony Coates, Bt, BSc, MD, FRCPath, FRCP Cllr Rock Feilding-Mellen
Others in Attendance Martyn Carver – Principal Governance Manager Clare Chamberlain – Director for Family Services LeVerne Parker – Chief Solicitor and Head of Regeneration Law Judith Evans – Governance Administrator
A G E N D A
A1 APOLOGIES FOR ABSENCE Apologies for absence were received from Councillor Victoria Borwick and Councillor Emma Dent Coad. A2 MEMBERS' DECLARATIONS OF INTEREST There were none. A3 MINUTES OF THE MEETING HELD ON 17 SEPTEMBER 2014 The Minutes of the ordinary meeting held on 17 September 2014 were confirmed as a correct record and were signed by the Chairman. A4 APPOINTMENT OF HONORARY FREEMEN AND HONORARY ALDERMEN/WOMEN
In addition to the Honorary Aldermen/women recommended in the report, the Committee agreed that, should she wish to accept the appointment, the Council should be recommended to make former councillor Bridget Hoier an Honorary Alderman/woman. The Committee requested that additional information concerning Lord Cadogan’s charitable work be included in the report to the Council.
RESOLVED– That the Council be invited to resolve as follows (by a majority of at least two-thirds of those voting):
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i) The Freedom of the Royal Borough That in sincere appreciation of his support for a wide range of charities, especially those operating in the Royal Borough, and his role in shaping Chelsea, The Lord Cadogan be admitted to be an Honorary Freeman of the Royal Borough of Kensington and Chelsea. ii) Honorary Aldermen a) That this Council, in sincere appreciation of the distinguished public service rendered by Miss Doreen Weatherhead to the Royal Borough of Kensington and Chelsea over a period of 47 years and her untiring service to the people of the Borough, and particularly to those of Pembridge Ward; on Committees of the Council and to local organisations, does hereby confer the title of Honorary Alderman of the Royal Borough of Kensington and Chelsea on Miss Doreen Weatherhead; b) That this Council, in sincere appreciation of the distinguished public service rendered by Mrs Frances Taylor to the Royal Borough of Kensington and Chelsea over a period of 32 years and her untiring service to the people of the Borough, and particularly to those of the Redcliffe Ward; on Committees of the Council and to local organisations, does hereby confer the title of Honorary Alderman of the Royal Borough of Kensington and Chelsea on Mrs Frances Taylor; c) That this Council, in sincere appreciation of the distinguished public service rendered by Bridget Hoier to the Royal Borough of Kensington and Chelsea over a period of 30 years and her untiring service to the people of the Borough, and particularly to those of the Golborne Ward; on Committees of the Council and to local organisations, does hereby confer the title of Honorary Alderman of the Royal Borough of Kensington and Chelsea on Bridget Hoier; d) That this Council, in sincere appreciation of the distinguished public service rendered by Christopher Buckmaster to the Royal Borough of Kensington and Chelsea over a period of 20 years and his untiring service to the people of the Borough, and particularly to those of the Campden Ward; on Committees of the Council and to local organisations, does hereby confer the title of Honorary Alderman of the Royal Borough of Kensington and Chelsea on Christopher Buckmaster; e) That this Council, in sincere appreciation of the distinguished public service rendered by Tony Holt to the
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Royal Borough of Kensington and Chelsea over a period of 20 years and his untiring service to the people of the Borough, and particularly to those of the Courtfield Ward; on Committees of the Council and to local organisations, does hereby confer the title of Honorary Alderman of the Royal Borough of Kensington and Chelsea on Tony Holt; iii) That illuminated addresses be presented to the Freeman and Honorary Aldermen/women; and
iv) That the common seal of the Council be affixed to the addresses and to entries in the Roll of Freemen and the Roll of Aldermen/women. Action by: Director of Strategy and Local Services A5 ANY OTHER ORAL OR WRITTEN ITEMS WHICH THE CHAIRMAN CONSIDERS URGENT No further matters were raised. A6 THE ADMINISTRATION COMMITTEE SITTING AS TRUSTEES OF COUNCIL-MANAGED TRUSTS THE POCKLINGTON APPRENTICESHIP TRUST RESOLVED-
i) that Applicant A is paid £400 towards the cost of paying for school uniform and clothing for three children. This grant should be paid in one instalment.
ii) that Applicant B is paid £660 towards the cost of paying for junior activity sessions and a laptop (with possible internet access, £610 without internet access).
Action by: Director for Family Services LOCAL GOVERNMENT (ACCESS TO INFORMATION ACT) 1985 – EXCLUSION OF PRESS AND PUBLIC
There were no matters requiring the exclusion of the press and public from the meeting.
The meeting ended at 5.41 pm.
Chairman
3 A4 THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA
ADMINISTRATION COMMITTEE – 17 DECEMBER 2014
THE STATUTORY REVIEW OF POLLING DISTRICTS AND PLACES 2014
REPORT BY THE DIRECTOR OF STRATEGY AND SERVICE IMPROVEMENT
1. Background
1.1. Under the Representation of the People Act 1983, the Council has a duty to divide the Royal Borough into polling districts and to designate a polling place for each district1. It also has to keep these arrangements under review, and carry out full reviews in compliance with a statutorily defined cycle. In keeping with the current cycle, a statutory review of polling districts and places in the Royal Borough must be completed by 31 January 2015.The broad purpose of these reviews is to ensure that electoral arrangements in an area support the effective administration of elections and make it convenient and easy for electors to cast their vote.
1.2. In designating polling districts and polling places:
- the Council must designate a polling place for each polling district (unless the size or other circumstances of a polling district are such that the situation of the polling stations does not materially affect the convenience of the electors);
- the polling place must be an area in the district, unless special circumstances make it desirable to designate an area wholly or partly outside the district (for example, if no accessible polling place can be identified in the district)
1 A polling district is a geographical sub-division of an electoral area (such as a ward) that is used to help administer elections. In Kensington and Chelsea each ward is divided into two or three polling districts. A polling place is the place where electors within a polling district go to cast their vote. Votes are cast at polling stations located within each polling place. In large polling districts a polling place may have more than one polling station in order to cope with the larger number of voters.
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- the polling place must be small enough to indicate to electors in different parts of the district how they will be able to reach the polling station.
1.3. The Council must also seek to ensure that: all electors in a constituency in the local authority area have such reasonable facilities for voting as are practicable in the circumstances; and so far as is reasonable and practicable every polling place for which it is responsible is accessible to electors who are disabled
1.4. In assessing the suitability of polling district boundaries, the Council should consider factors such as whether the boundaries are well- defined, whether there are suitable transport links within the polling district, and whether there are any obstacles to voters crossing the polling district and reaching the polling place (such as steep hills or major roads)
1.5. In considering the suitability of a polling place, the Council needs to consider factors such as how easy it is for electors within the polling district to reach it, whether it is a suitable size, its availability for use during elections and whether the premises are accessible to all those entitled to attend the polling place. If, because of local circumstances, a polling place is selected that is not fully accessible, then reasonable adjustments must be undertaken to provide access for all electors. Alternatively, the local authority can designate a polling place that falls outside the polling district.
1.6. This paper
reports on the review of polling districts undertaken in the Royal Borough between July and November 2014, and invites the Administration Committee consider the results of the review and decide on the future configuration of polling districts, and location of polling places, in the Royal Borough.
Consultation
1.7. The consultation period for the review ran from 25 July to 31 October 2014.
1.8. Representations were received from the Conservative Party and a number of individual Royal Borough councillors. Details are provided in section 3 under the appropriate ward. All submissions will be posted on the Council website.
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1.9. Action Disability Kensington and Chelsea submitted comments in relation to the experience of disabled electors in Kensington and Chelsea. Relevant issues in relation to individual polling places have been addressed in section 3. As a result of discussions with ADKC the Council will also:
- Publish an article in the January edition of ADKC’s newsletter (a) encouraging people to register to vote, if they have not already done so (b) informing readers of the arrangements that are in place to assist people with disabilities to cast their vote, either at a polling station, or by postal or proxy vote (c) providing information on polling places and inviting ADKC members to “mystery shop” their polling place and provide the Council with an views on how access might be improved.
- Produce a leaflet for inclusion in the March edition of newsletter conveying easy to use information about registering and voting at the General Election.
- Include in the training for General Election polling station staff a session provided by ADKC and MIND, paid for by the Council, on assisting people with physical disabilities or mental health issues to vote.
- Contact other disability and mental health organisations such as Equal People and Advocacy Projects to discuss how best to encourage more people to register and cast their vote.
- Produce the large versions of the ballot papers that we hold at polling stations on yellow card in future (as this would be easier for many visually impaired voters to read)
2. Consideration
2.1. Ideally, there would be the choice of a range of fully accessible buildings, conveniently located for electors in each polling district. In practice, the choice of polling places is often a balance between the quality of a building (access, facilities, etc.) and the proximity of the building to electors. When making a decision, the Committee will want to consider all factors and be able to demonstrate the reasoning behind its decisions.
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2.2. Part of the decision-making process involves assessing if a polling place is capable of accommodating more than one polling station together with the necessary staff and equipment, particularly in circumstances where the number of electors within the polling district is high. Electoral Commission guidance states that the number of electors allocated to a particular polling station should not exceed 2,500. For elections where there may be a high turnout, such as Parliamentary elections, (Acting) Returning Officers may need to set up multiple polling stations within a polling place in order to prevent queues building up during busy voting periods. In this regard, it is worth noting that the Electoral Commission is anticipating especially high levels of elector registration and voter turnout for next year’s General Election.
2.3. Polling places in districts that serve more than 2,500 electors therefore need to be large enough to accommodate at least two polling stations; and even in districts that serve a smaller number of electors polling places that can accommodate two polling stations should (other things being equal) be preferred to those that cannot. Amalgamating polling districts in order to reduce the number of polling places does not necessarily reduce the costs of administering an election significantly, since larger polling districts may require additional polling stations to cope with the increased number of electors they cover.
2.4. Returning Officers are entitled to use (free of charge) schools maintained or assisted by a local authority as well as those schools that receive grants provided by Parliament, including academies and free schools. The costs of hiring a polling place therefore vary for nil (in the case schools) to £2-3k for hiring private premises or deploying temporary cabins. Replacing a school with an alternative polling place is therefore likely to increase election costs.
2.5. In addition to being free to use, schools often offer other advantages as polling places. Access for the disabled is good, their location is often familiar to electors and their internal layout lends itself well to the management of the voting process. Elections disrupt the normal business of the school but the predictability of election dates years in advance enables schools to plan their activities to minimise this.
2.6. The number of polling stations operated within RBKC has been reduced significantly in recent years, from 95 polling stations in 46 polling places to 57 polling stations in the same number of polling places. This reduction was designed to correct previous over-provision of polling stations; the current number is now better-attuned to Electoral Commission guidance.
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2.7. The Committee will want to think carefully about elector convenience. The two main factors to consider are accessibility and familiarity. Other things being equal, a polling place that is nearer to a high proportion of electors in a polling district will be preferable to one that is not. However, experience shows that many electors dislike change, and would rather continue to use their existing polling place even if a suitable and closer location is available. Also, inevitably, on election day some voters fail to notice that their polling place has changed and travel to the wrong location (assiduous efforts to communicate such changes can minimise but not eliminate this possibility). The Committee will therefore want to be able to evidence clear advantages for electors before deciding to change their polling place.
3. Detailed results
3.1. Annex A contains details of the current arrangements in place for each ward, and the representations received in relation to those arrangements. The Returning Officer’s comments are also provided, together with a summary of the choices available to the Administration Committee in relation to future arrangements. Where appropriate, the Returning Officer has provided his recommended course of action.
4. Conclusion
4.1. The Committee is invited to agree on the arrangements for each of the Royal Borough’s wards. The Committee’s decisions will then be reported to full Council in January.
TONY REDPATH Director of Strategy and Local Services
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ANNEX A: DETAILS FOR EACH WARD
NB note that the numbers of polling stations required cited in the tables below refer to those needed for local elections – larger numbers will be needed for General Elections to cope with higher voter turnout
Abingdon (AB)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ away ABA 2306 St Barnabas and St Philips Primary 1 83 School, 58 Earls Court Road, W8 6EJ ABB 3577 St Marks Coptic Orthodox Church, 2 18 Scarsdale Villas, W8 6PU
Returning Officer’s comments on current arrangements
Access to the School is not easy for ABA electors driving to the polling station. The entrance is in Pembroke Mews adjacent to the Police station. It is difficult to find a parking space and the bays suspended on Election Day for disabled parking purposes are located in Pembroke Place. However, no concerns have been raised by electors in regards to this issue. A location nearer the centre of the polling district would be preferable.
Electors in ABB have used St Marks Coptic Orthodox Church since 2006. No adverse comments have been received.
B. Conservative Party proposals
Maintain the two polling districts. Replace both the current polling places with one polling place at St Philips, Earls Court Road. This would release St. Barnabas & St Philips Primary School (and the Coptic Church) as polling places.
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Polling Electors Polling Place No of % district (at polling electors 10/14) stations 400m+ req’d away ABA 2306 St Philips, Earls Court Road 1 60
ABB 3577 St Philips Church, Earls Court Road 2 50
C. Other representations
Councillor Gardner’s submission argued that the council offices at Pembroke Pembroke Road ought not to be used as a polling place. (Officers have now considered the efficacy of the Pembroke Road offices but have concluded that because of the possibility of demolition within the foreseeable future the offices would not make a suitable new polling place). Cllr Gardner favours the retention of St Barnabas and St Philips Primary School for ABA electors, and a move to St Phillips Church if the school becomes unavailable.
Cllr Borwick favours the use of one polling place at St Phillips. She points out that the Church is on the “boundary line” between the two polling areas, and right in the middle of the Constituency. Cllr Borwick says she sent out about 20 – 30 emails to local residents’ groups to ask about this, and no one thought it was an issue.
D. Returning Officer’s comments on representations
In regard to the Conservative Party proposals:
St Phillip’s has declined to act as a polling place because the premises are used as a nursery during weekdays.
The proposal would improve access for electors within the ABA polling district, bringing an additional 532 electors (23%) within 400m of their polling place. However, an additional 1,148 electors in the ABB polling district would be more than 400m away from their polling place.
All 5,900 electors would have a change of polling place.
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In order to comply with Electoral Commission guidance St Phillip’s would need to host three polling stations split between the two districts.
E. Summary
The Conservative Party proposals would disrupt the current voting arrangements for nearly 6,000 electors and also increase the distance that over 600 electors would need to travel. The unavailability of St Phillip’s Church renders the proposal inoperable. In the absence of a viable alternative arrangement, it is recommended that the Committee retain the current arrangements.
Brompton and Hans Town (BH)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ away BHA 1311 Brompton Oratory Hall, Brompton 1 68 Road, SW7 2RP BHB 1687 Temporary Buildings in Hans Place, 1 50 Hans Place, SW1 BHC 1502 Temporary Buildings in Hans Place, 1 46 Hans Place, SW1 BHD 2186 Marlborough Primary School, 1 1 Sloane Avenue, SW3 3AP
Returning Officer’s comments on current arrangements
The polling place for BHA (Brompton Oratory Hall) is situated to the East of the polling district and 68% of electors live more than 400m away.
The Hall is well known to the electors but there is no disabled access. Arrangements are made to enable disabled electors to vote and no adverse comments have been received; nevertheless, the Hall is clearly not an ideal polling place. The Bursar for Brompton Oratory has said that he would allow a temporary building to be set up in the car park outside Brompton Oratory if the Hall itself is no longer considered suitable.
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The polling place for BHB and BHC polling districts is a pair of temporary cabins in Hans Place, which is in BHB. BHC therefore does not have its own polling place and 46% of its electors live more than 400m from the Hans Place cabins.
This is an inferior arrangement for both voters and polling station staff. There are purpose built ramps for the temporary cabins but the costs of setting up this type of polling place are significant, as is the disruption to local residents.
The Returning Officer would prefer permanent and separate locations in these two polling districts, but none have been found to date.
Marlborough Primary School (the polling place for BHD) has been used for many years. No adverse comments have been received.
B. Conservative Party proposals
Replace the four polling districts with two polling districts, one for the Kensington part of the ward and the other for the Chelsea part of the ward. The Kensington polling place would be located at St. Columba’s Church and the Chelsea polling place would be located at St Simon Zelotes, Milmer Street.
Polling Electors Polling Place No of % district (at polling electors 10/14) stations 400m+ req’d away BHA 2998 St. Columba’s Church 2 68
BHB 3688 St Simon Zelotes, Milmer Street. 2 47
C. Other representations
The Victoria and Albert museum offered their venue as a polling place. The Museum is in the heart of BHA and would replace Brompton Oratory Hall.
D. Returning Officer’s comments on representations
In regard to the Conservative Party proposals:
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The proposals would remove the need to use the unsatisfactory temporary buildings in Hans Place and Marlborough Primary School as a Polling Place.
Across the ward, under current arrangements, 36% of electors are more than 400m from their polling place. Under these proposals, this would increase to 56% (an additional 1,345 electors).
St Columba’s Church would make a very effective polling place. It is very large and has a separate disabled entrance with a stair lift to the foyer and a pair of ramps for the few steps into the hall.
St Simon Zelotes is too small to function as an effective polling place.
All the ward’s electors (some 6,700 people) would have a change of polling place.
E. Summary
Because St Simon Zelotes is too small the Conservative Party proposals cannot be realised in their entirety. However, it would be possible to amend the current arrangements by
- creating one polling district by combining the current BHA and BHB districts, with the new district served by a polling place sited at St Columba’s (a new “BHA” district). - creating one polling district by combining the current BHC and BHD districts, with the new district served by the existing polling place at Marlborough Primary School (a new “BHB” district).
Under such an arrangement:
- the new BHA district would comprise some 3,000 electors, 68% of whom would be further than 400m from St Columba’s. - the new BHB district would comprise 3,690 electors, 31% of whom would be further than 400m from Marlborough Primary School. - some 4,450 electors would experience a change in their polling place.
On balance this arrangement appears to be more convenient for electors and the Administration Committee is recommended to agree to this proposal.
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Campden (CA)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ req’d away CAA 2422 Fox Primary School, Kensington 1 18 Place, W8 7PP CAB 3593 Kensington Town Hall, Hornton 2 56 Street, W8 7NX.
Returning Officer’s comments on current arrangements
Although the polling place for CAB (the Town Hall) is situated almost centrally to the polling district, 56% of electors live more than 400m away. However, accessibility to the premises is adequate and no adverse comments have been received.
Fox Primary School serves as a suitable polling place for electors in CAB.
B. Conservative Party proposal
No change
C. Other representations
There were none.
D. Returning Office comments on representations
Nil.
E. Summary
In the absence of any proposed alternative arrangements, Administration Committee is invited to confirm that the current arrangements should stay in place.
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Colville (CO)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ away COA 4099 North Kensington Library, Ladbroke 2 68 Grove, W11 1PZ (Basement room) COB 2531 Colville Primary School, Portobello 1 16 Road, W11
Returning Officer’s comments on current arrangements
The COA polling place (North Kensington Library) is situated on the Western border of the polling district and 68% of electors live more than 400m away. However, the location is on a main road and is well known and easily accessible to local residents. No adverse comments have been received from electors.
The main entrance to COB’s polling place, Colville Primary School, is on Lonsdale Road. However, access to the polling stations is gained through the Portobello Road entrance. No adverse comments have been received from electors.
B. Conservative Party proposals
No change.
C. Other representations
There were none.
D. Returning Officer’s comments on representations
Nil.
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E. Summary
In the absence of any proposed alternative arrangements, Administration Committee is invited to confirm that the current arrangements should stay in place.
Courtfield (CF)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ away CFA 3688 Our Lady of Victories Primary 2 64 School, Clareville Street, SW7 5AQ CFB 3092 Anglesea Arms, 15 Selwood 2 46 Terrace, SW7 3QG
Returning Officer’s comments on current arrangements
The polling staff reported that electors have commented that Our Lady of Victories Primary School, the polling place for CFA, is a little difficult to find. Improved signage is needed to correct this.
The Anglesea Arms (the polling place for CFB) has been used as a polling place for a number of years. In the past comments have been received in relation to poor lighting at this venue but temporary lighting now alleviates this problem. Although it is a public house the electorate appear to enjoy the novelty of this and no adverse comments (other than the lighting issue) have been received.
B. Conservative Party proposals
No change.
C. Other representations
There were none.
D. Returning Officer’s comments on representations
Nil.
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E. Summary
In the absence of any proposed alternative arrangements, Administration Committee is invited to confirm that the current arrangements should stay in place.
Chelsea Riverside (CR)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ away CRA 1748 Cheyne Children’s Centre, 10 1 15 Thorndike Close, SW10 0ST CRB 2234 Ashburnham Primary School, 17 1 17 Blantyre Street, SW10 0DT CRC 2362 Petyt Hall, 64 Cheyne Walk, 1 35 London, SW3 5LT
Returning Officer’s comments on current arrangements
All three polling places are easily accessible and no adverse comments have been received.
B. Conservative Party proposals
Replace the three polling districts with two polling districts with the boundary running down Ann Lane and Riley Street. Maintain a polling place at Cheyne Children’s Centre and at Petyt Hall. Release Ashburnham Primary School as a Polling Place.
Polling Electors Polling Place No of % district (at polling electors 10/14) stations 400m+ away CRA 3303 Cheyne Children’s Centre, 10 2 66 Thorndike Close, SW10 0ST CRB 3041 Petyt Hall, 64 Cheyne Walk, 2 45 London, SW3 5LT
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C. Other representations
There were none.
D. Returning Officer’s comments on representations
In regard to the Conservative Party proposals:
Across the ward, under current arrangements, 23% of electors are more than 400m from their polling place. Under these proposals, this would increase to 55% (an additional 2,033 electors).
In order to comply with Electoral Commission guidance both polling stations would need to host two polling stations. This would not be a problem at Petyt Hall, but Cheyne Children’s Centre is not big enough for this.
E. Summary
Although the Conservative Party proposals cannot be implemented in full, it is possible to amend the current arrangements by
- replacing the three polling districts with two polling districts with the boundary running down Ann Lane and Riley Street - maintaining a polling place at Ashburnham Primary School and at Petyt Hall, while releasing Cheyne Children’s Centre.
Under such an arrangement:
- the new CRA district would comprise some 3,300 electors, 24% of whom would further than 400m from Ashburnham School - the new CRB district would comprise 1,360 electors, 45% of whom would be further than 400m from Petyt Hall.
On balance this arrangement appears to be more efficient and not significantly less convenient for electors and the Administration Committee is recommended to agree to this proposal.
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Dalgarno (DA)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ away DAA 1020 Barlby Primary School, Barlby 1 5 Road, W10 6BH
DAB 3563 St. Francis Church, Dalgarno Way, 2 36 W10 5EL
Returning Officer’s comments on current arrangements
Barlby Primary School (the polling place at DAA) is easily accessible and no adverse comments have been received.
For DAB electors, St. Francis Church is situated in the North of the polling district with 36% of electors living more than 400m away. However, the location is well known and easily accessible to local residents. No adverse comments have been received.
B. Conservative Party proposals
No change.
C. Other representations
There were none.
D. Returning Officer’s comments on representations
Nil.
E. Summary
In the absence of any proposed alternative arrangements, Administration Committee is invited to confirm that the current arrangements should stay in place.
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Earls Court (EC)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ away ECA 3748 Mary Smith Court, 23 Trebovir 2 18 Road, SW5 9NF ECB 2961 St Cuthbert with St Matthias 2 19 Primary School, Warwick Road, SW5 9UE
Returning Officer’s comments on current arrangements
Both polling places are easily accessible and no adverse comments have been received to date.
B. Conservative Party proposals
No change.
C. Other representations
There were none.
D. Returning Officer’s comments on representations
Nil.
E. Summary
In the absence of any proposed alternative arrangements, Administration Committee is invited to confirm that the current arrangements should stay in place.
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Golborne (GO)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ away GOA 2376 St Thomas Primary School, 1 22 Appleford Road, W10 5EF GOB 3793 Bevington Primary School, 2 34 Bevington Road, W10 5TW
Returning Officer’s comments on current arrangements
Both polling places are easily accessible and no adverse comments have been received.
B. Conservative Party proposals
No change.
C. Other representations
There were none.
D. Returning Officer’s comments on representations
Nil.
E. Summary
In the absence of any proposed alternative arrangements, Administration Committee is invited to confirm that the current arrangements should stay in place.
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Holland (HO)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ away HOA 3061 Cardinal Vaughan School, Addison 2 44 Road, W14 8BZ HOB 2455 Ecology Centre Holland Park, off 1 95 Abbotsbury Road, W8 6LU
Returning Officer’s comments on current arrangements
The HOA polling place (Cardinal Vaughan School) is situated in the North of the polling district with 44% of electors living more than 400m away. However, the location is well known and easily accessible to local residents. No adverse comments have been received.
For HOB, the Ecology Centre was a new venue for 2014, replacing the temporary buildings used in Oakwood Court which were expensive and disruptive to local residents. The Ecology Centre is further away from the main residential area of this polling district compared to the temporary buildings at Oakwood Court. A very high proportion of electors (95%) live more than 400m away. However, the Centre provides better amenities for both electors and staff than the temporary buildings and avoids the expense and disruption these buildings incurred.
The Returning Officer would welcome a more accessible location.
B. Conservative Party proposals
Maintain the two polling districts, keeping Cardinal Vaughan School for HOAK and moving HOBK to Leighton House or The Hilton Hotel, Kensington High Street
Polling Electors Polling Place No of % district (at polling electors 10/14) stations 400m+ req’d away HOA 3061 Cardinal Vaughan School, Addison 2 44 Road, W14 8BZ
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HOB 2455 The Hilton Hotel, Kensington High 1 56 Street
C. Other representations
Cllr Collinson reported that from talking to voters at the Ecology Centre they all seemed content with its use. In her view there is not a big difference in travel time between Oakwood Court and the Ecology Centre. She thought that the new Warwick Road primary school would be a good idea if it was in addition and not a replacement.
Cllr Feilding-Mellen suggested that we should plan to use the new primary school on Warwick Rd as a polling place once it is open. He did not express a strong view as to the choice between Oakwood Court and the Ecology Centre but thought on balance that Oakwood Court might be preferable as a possible means to improve turnout.
D. Returning Officer’s comments on representations
In regard to the Conservative Party proposals:
Leighton House Museum has no suitable rooms on the premises.
Under current arrangements 95% of HOB electors are more than 400m from their polling place at the Ecology Centre. This would fall to 56% if the polling place was moved to the Hilton Hotel.
the Hilton Hotel has premises that would be suitable as a polling place and is willing to provide these at a cost of £1,500.
The 2,500 or so electors in HOB would have a change of polling place.
E. Summary
From the point of view of elector convenience the Conservative Party proposals represent an improvement on the current arrangements and it is therefore recommended that the Administration Committee agrees to these changes.
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Norland (NO)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ away NOA 2110 St Clement and St James Primary 1 35 School, Penzance Place, W11 4PG NOB 2210 St. John’s Church, Lansdowne 1 59 Crescent, W11 2NN
Returning Officer’s comments on current arrangements
The NOA polling place, St Clement and St James Primary School, is easily accessible and no adverse comments have been received.
The NOB polling place, St. John’s Church was a new venue for 2014. It is on the Eastern border of the polling district with 59% of electors living more than 400m away. However, the change in venue has received positive comments from electors and polling staff.
B. Conservative Party proposals
Maintain two polling districts, served by one polling place at St Clements and St. James School.
Polling Electors Polling Place No of % district (at polling electors 10/14) stations 400m+ req’d away NOA 2110 St Clement and St James Primary 1 35 School, Penzance Place, W11 4PG NOB 2210 St Clement and St James Primary 1 91 School, Penzance Place, W11 4PG
C. Other representations
There were none.
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D. Returning Officer’s comments on representations
In regard to the Conservative Party proposals:
The single polling place would require two polling stations to cope with the 4,200 or so electors.
Some 2,200 electors would have a change in polling place.
Currently, 59% of NOB electors are more than 400m from their polling place. Under these proposals this would increase to 91% (an additional 720 electors).
E. Summary
The Conservative Party arrangements do not offer an improvement in convenience for NOB electors and because two polling stations would be needed within the one remaining polling place financial savings would be limited. The Returning Officer is therefore unable to recommend acceptance of these proposals.
Notting Dale (ND)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ req’d away NDA 3388 Latymer Christian Centre, 116 2 34 Bramley Road, W10 6SU NDB 2684 Avondale Park Primary School, 2 14 Sirdar Road, W11 4EE
Returning Officer’s comments on current arrangements
The NDA polling place, Latymer Christian Centre was a new venue for 2014. It is easily accessible and no adverse comments have been received. As with the new polling place for NOB, the change in venue has received positive comments from electors and polling staff.
The NDB polling place, Avondale Park Primary School, is central to the polling district with easy access. No adverse comments have been received.
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B. Conservative Party proposals
No change.
C. Other representations
There were none.
D. Returning Officer’s comments on representations
Nil.
E. Summary
In the absence of any proposed alternative arrangements, Administration Committee is invited to confirm that the current arrangements should stay in place.
Pembridge (PE)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ req’d away PEA 1561 Kensington Temple, Kensington 1 21 Park Road, W11 3BY PEB 2896 Notting Hill Library, Pembridge 2 30 Square, W2 4EW
Returning Officer’s comments on current arrangements
The PEA polling place, Kensington Temple, is wheelchair accessible with a ramp leading down to the room in which the polling station is located but there are a further seven steep steps within the polling station. The Presiding Officer takes the ballot papers up to any person not able to use the stairs. However, some frail people insist on coming down the stairs unaccompanied and this is a concern from a health and safety viewpoint.
For PEB electors, Notting Hill Library has no disabled access. Arrangements are in place to enable disabled electors to vote at this polling place and no
23 adverse comments have been received, but the venue is clearly not ideal. Although the library is located in the west of the polling district only 30% of PEB electors live more than 400m away.
The Returning Officer would prefer Pembridge Ward polling places with permanent disabled access and would welcome suggestions for possible alternative polling places.
B. Conservative Party proposals
Maintain the two polling districts served by one polling place at Kensington Temple.
Polling Electors Polling Place No of % district (at polling electors 10/14) stations 400m+ req’d away PEA 1561 Kensington Temple, Kensington 1 21 Park Road, W11 3BY PEB 2896 Kensington Temple, Kensington 2 71 Park Road, W11 3BY
C. Other representations
There were none.
D. Returning Officer’s comments on representations
In regard to the Conservative Party proposals:
The single polling place would require three polling stations to cope with the 4,500 or so electors. The current premises at Kensington Temple could not accommodate this, but the Temple has agreed to provide their larger hall (at a cost of £750), which could cope with three polling places and would be fully accessible to disabled electors.
Some 3,000 electors would have a change in polling place.
Currently, 30% of PEB electors are more than 400m from their polling place. Under these proposals this would increase to 71% (an additional 746 electors).
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E. Summary
The change in polling place suggested by the Conservative Party would be disruptive for PEB voters and several hundred would have further to travel. However, Kensington Temple is a well-known venue, the large hall is both big enough to cope with the additional number of electors and would provide a more accessible venue for the disabled than either of the existing polling places. The Returning Officer’s assessment is that on balance electors’ interests would be best served by accepting the Conservative Party proposals.
Queen’s Gate (QG)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ req’d away QGA 1724 Heythrop College, Maria Assumpta 1 35 Centre, Kensington Square, W8 5HH QGB 4102 Baden Powell House, 65/67 2 81 Queen’s Gate, SW7 5JS
Returning Officer’s comments on current arrangements
The QGA polling place (Heythrop College) is in the North West of the polling district with 35% of electors living more than 400m away. No adverse comments have been received to date.
The polling place for QGB, Baden Powell House is at the South tip of the polling district and a very high percentage of electors (81%) live more than 400m away. However, the polling place is on a junction of two major roads, is well known and is easily accessible to electors.
B. Conservative Party proposals
No change.
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C. Other representations
Cllr Moylan has suggested that Christ Church, Eldon Road and the various private schools in the area be considered as potential polling places. Cllr Mackover suggested consideration of St Stephen's Church in Gloucester Road.
D. Returning Officer’s comments on representations
Christ Church in Eldon Road has failed to respond to the Council’s invitation to be considered as a polling place. It is not significantly more central to the polling district than Heythrop College. St Stephen’s is too small.
Summary
In the absence of any identified viable alternative arrangements, Administration Committee is invited to confirm that the current arrangements should stay in place.
Redcliffe (RE)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ req’d away REA 3179 Earl’s Court Youth Club, 120 Ifield 2 25 Road, SW10 9AF REBC 1966 Bousfield Primary School, South 1 34 Bolton Gardens, SW5 0DJ REBK 308 Bousfield Primary School, South Use 74 Bolton Gardens, SW5 0DJ REBC REC 1268 Servite Primary School, 252 1 16 Fulham Road, SW10 9NA
Returning Officer’s comments on current arrangements
The polling place for REA, Earl’s Court Youth Club is quite small and can get overcrowded when it is busy.
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The REB/REC polling place is to the North of the polling district with a high proportion of electors (74%) living more than 400m away.
However, no adverse comments have been received for any of the polling places in Redcliffe ward.
B. Conservative Party proposal
Replace the four polling districts with three polling districts, maintaining REAC and replacing REBC and RECC with one polling district. Move the polling place to St. Mary’s the Boltons. REBK needs to be maintained for parliamentary elections. Polling should be split between Our Lady of Victories for parliamentary elections and St. Mary’s the Boltons for all others.
Polling Electors Polling Place No of % district (at polling electors 10/14) stations 400m+ req’d away REA 3179 Earl’s Court Youth Club, 120 Ifield 2 25 Road, SW10 9AF REBC 3234 St. Mary’s the Boltons 2 75 REBK 308 St. Mary’s the Boltons Use 61 REBC REBK 308 Our Lady of Victories Use CFA 100 (Parliamentary elections only)
C. Other representations
Cllr Nicholls suggested Redcliffe could benefit from only two polling places in future, rather than the current three. He suggests using St Luke's Church in Redcliffe Square instead of both Bousfield and the Earl's Court Youth Centre. The ward could then be divided horizontally with the northern half using St Luke's Church and the southern half using the Servite School. Cllr Williams agreed that this proposal should be investigated.
D. Returning Officer’s comments on representations
In regard to the Conservative Party proposals:
The proposals would release Bousfield Primary School and The Servite Primary School as polling places.
Some 3,500 voters would have a change of polling place.
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Under current arrangements 27% of electors in the REB and REC polling districts are more than 400m from their polling place. Creating one polling district served by a polling place at St Mary the Boltons would increase this to 74%. The proposal relating to Parliamentary elections would leave all 300 or so REBK electors more than 400m from their polling place at Our Lady of Victories.
Despite repeated overtures no response has been received from St Mary the Bolton’s in response to the Council’s invitation to be considered as a polling place.
St Luke’s in Redcliffe Square has declined to act as a polling place.
Directing REBK voters to Our Lady of Victories for General elections is one solution to the fact that this district lies within a different Parliamentary Constituency; an alternative would be to locate a separate polling station at Bousfield School.
E. Summary
Even if St. Mary the Bolton’s agreed to act as a polling place and was suitable for the purpose, the Conservative Party proposals do not offer an improvement to the ease with which electors could vote in this ward. The Returning Officer is therefore unable to recommend acceptance of these proposals.
Officers will need to think carefully about the most convenient and effective arrangements to make for REBK voters in next year’s General Election.
Royal Hospital (RH)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ req’d away RHA 2020 St. Joseph’s Primary School, 1 27 Cadogan Street, SW3 2QT RHB 2143 The Pavilion, Burton’s Court, 1 54 Franklin’s Row, SW3 4QJ RHC 2728 Chelsea Old Town Hall, King’s 2 53 Road, SW3 5EE
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Returning Officer’s comments on current arrangements
St. Joseph’s Primary School is a well-established and successful polling place for RHA.
The RHB polling place, The Pavilion is situated on the South West border of the polling district and 54% of the electors live more than 400m away. Access is along a gravel/dirt path but is still navigable by wheelchair.
The RHC polling place, Chelsea Old Town Hall is situated on the North West border of the polling district and 53% of the electors within the polling district live more than 400m away.
No adverse comments have been received to date for any of the polling places in Royal Hospital ward.
B. Conservative Party proposal
Replace the three polling districts with two polling districts, maintaining RHAC and replacing RHCC and RHBC with one polling district. Maintain a polling place at St Joseph’s School for RHAC and The Pavilion, Burtons Court for the new polling district made up of RHCC and RHBC.
Polling Electors Polling Place No of % district (at polling electors 10/14) stations 400m+ req’d away RHA 2,020 St. Joseph’s Primary School, 1 27 Cadogan Street, SW3 2QT RHB 4,871 The Pavilion, Burton’s Court, 2 69 Franklin’s Row, SW3 4QJ
C. Other representations
There were none.
D. Returning Officer’s comments on representations
In regard to the Conservative Party proposals:
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Currently 53% of electors in the RHB and RHC polling districts are more than 400m from their polling place. In the proposed combined district, this would increase to 69%, an additional 780 electors.
Some 2,700 electors would have a change in polling place.
The two polling stations at the Pavilion would serve the 4,800 electors in the new district; this is close to the maximum allowable under Electoral commission guidelines. Access via the gravel/dirt path is not ideal. At a General Election a minimum of three polling stations would be needed within this one polling place which (at busy times of day in particular) would make efficient administration of the voting process difficult.
E. Summary
The Conservative Party proposals would disrupt voting for a significant number of electors to no evident benefit and would make the administration of elections (especially those with a high turnout) more difficult. The Returning Officer is therefore unable to recommend acceptance of these proposals.
St. Helen’s (SH)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ req’d away SHA 2271 Oxford Gardens Primary School, 1 30 Oxford Gardens, W10 6NF SHB 2242 St. Helen’s Church, St. Quintin 1 49 Avenue, W10 6NT
Returning Officer’s comments on current arrangements
Following the recent ward boundary changes the polling place for SHA electors (Oxford Gardens Primary School) is no longer shared with electors from NDA (formerly NBA).
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The SHB polling place, St. Helen’s Church was a new venue for 2014. It is situated on the Western border of the polling district and 49% of the electors live more than 400m away. The Returning Officer would prefer a location nearer the centre of the polling district but has been unable to find a suitable alternative.
B. Conservative Party proposals
Maintain the two polling districts as current, served by one polling place at St Helens Church. This would release Oxford Gardens Primary Schools as a polling place.
Polling Electors Polling Place No of % district (at polling electors 10/14) stations 400m+ req’d away SHA 2271 St. Helen’s Church, St. Quintin 1 37 Avenue, W10 6NT SHB 2242 St. Helen’s Church, St. Quintin 1 49 Avenue, W10 6NT
C. Other representations
There were none.
D. Returning Officer’s comments on representations
In regard to the Conservative Party proposals:
At present, 30% of SHA electors live more than 400m from their polling place. Under these proposals this would increase to 37%, and additional 160 electors.
Some 2,200 electors would change their polling place.
St Helen’s Church is too small to accommodate the two polling stations that would be needed to serve the increased electorate.
E. Summary
The Conservative Party proposals are not feasible and in the absence of other alternatives the Committee is recommended to maintain the current arrangements.
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Stanley (ST)
A. Current arrangements
Polling Electors Polling Place No of % district (at polling electors 7/14) stations 400m+ req’d away STAC 1158 Kensington & Chelsea College, 1 0 Hortensia Road, SW10 0QS STBC 3165 Park Walk Primary School, Park 2 46 Walk, SW10 0AY STCC 1530 Oratory Primary School, Cale 1 38 Street, SW7 6PT STCK 786 Oratory Primary School, Cale Use 0 Street, SW7 6PT STCC
Returning Officer’s comments on current arrangements
No adverse comments received for any of the polling places in Stanley ward.
B. Conservative Party proposals
Replace the four polling districts with three polling districts, create two polling districts from STAC, STBC and STCC with the boundary running down The Vale. Maintain Park Walk School and Chelsea Old Town Hall as polling places. STCK need to be maintained for parliamentary elections, The Oratory School should be used for parliamentary elections and Chelsea Old Town Hall for all others.
Polling Electors Polling Place No of % district (at polling electors 10/14) stations 400m+ req’d away STA 3224 Park Walk Primary School, Park 2 48 Walk, SW10 0AY STBC 2629 Chelsea Old Town Hall 2 71 STCK 786 Chelsea Old Town Hall Use 100 STBC STCK 786 Oratory Primary School, Cale 1 0 Street, SW7 6PT (Parliamentary elections only)
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C. Other representations
There were none.
D. Returning Officer’s comments on representations
In regard to the Conservative Party proposals:
The rationalisation of the polling districts would remove two of the smallest districts and thereby improve the efficiency of elections.
Under current arrangements 31% of Stanley Ward electors live more than 400m from their polling place. Under the new arrangements this would increase to 52% for General Elections and 63% for other elections (increases of 1,400 and 2,124 electors respectively).
The proposed arrangement for STCK, whereby a different (though closer) polling place would be used for Parliamentary elections, risks confusing the 790 or so electors to whom this arrangement would apply.
2,258 electors would change their polling place.
E. Summary
The Conservative Party proposals present a more efficient configuration of polling districts but a significant number of electors would experience a change in polling place and/or an increase in their length of journey. The split arrangements for STCK electors risk confusion.
On balance the Returning Officer’s preference is to accept the Conservative Party proposals for the two new polling districts but for STCK voters to use Chelsea Old Town Hall for all elections in order to avoid potential confusion (the venue is large enough to establish the separate polling station that these electors would need at a General Election to enable them to vote for the Kensington Constituency).
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A5
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA
ADMINISTRATION COMMITTEEE – 17 DECEMBER 2014
COUNCIL MEETING – 21 JANUARY 2015
REPORT OF THE DIRECTOR OF STRATEGY AND LOCAL SERVICES
APPOINTMENT OF CO-OPTED MEMBERS TO THE ADULT SOCIAL CARE AND HEALTH SCRUTINY COMMITTEE
REPORT OF THE BI-BOROUGH DIRECTOR OF LAW This report seeks approval to recommend the Council to make provision
to appoint two co-opted Members to the Adult Social Care and Health CHANGES TO THE CONSTITUTION Scrutiny Committee.
FOR DECISION
1. BACKGROUND
1.1 Councils are able to co-opt people from outside of the council to sit on scrutiny committees. In relation to formal appointments to committees in England, this power is conferred by s9FA(4) and (5) of the Local Government Act 2000.
2. ADULT SOCIAL CARE AND HEALTH SCRUTINY COMMITTEE
2.1 The Adult Social Care and Health Scrutiny Committee currently comprises eleven elected members (eight Conservative, three Labour). Owing to the complexities of recent developments in the field of health care it is considered important for the Scrutiny Committee to be able to call on specialist advice and guidance from among its membership, in addition to the advice provided by officers.
3. CO-OPTIONS
3.1 It is considered that one representative from Healthwatch and one from the local Clinical Commissioning Group (CCG) should be co- opted on to the Adult Social Care and Health Scrutiny Committee.
3.2 Healthwatch was established under the Health and Social Care Act 2012. Its purpose is to:
Obtain the views of the community about their needs for and experience of local health and social care services;
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Make those views known to those involved in the commissioning, provision and scrutiny of health and social care services; Promote and support the involvement of a diverse range of people in the design and delivery of services; Make reports and recommendations about how those services could or should be improved; Provide information to the public about accessing health and social care services and choice in relation to aspects of those services; Represent the views of the community, patients and service users on the Health and Wellbeing Board; Make those views known to HealthWatch England (as national champion); Make recommendations to the Care Quality Commission.
3.3 NHS West London CCG was one of the groups set up by the NHS to take over most of the duties of Primary Care Trusts. CCGs will not provide any health services directly but will buy health services from providers of healthcare, such as Hospital Trusts, Mental Health Trusts and community organisations. NHS West London CCG is co- terminous with the Royal Borough of Kensington and Chelsea and covers the Queen’s Park and Paddington area of Westminster City Council.
3.4 Healthwatch and the CCG would be asked to nominate one person each to serve on the Scrutiny Committee.
3.5 If agreed, the co-optees would serve for an indefinite period but his/her period of co-option may come to an earlier end for any of the following reasons –
by resignation in writing to the Chairman and/or Head of the Paid Service; as a result of replacement by their nominating bodies (ie Healthwatch or the CCG); any of the reasons that would disqualify a person from continuing to hold office as a councillor; or by resolution of the Scrutiny Committee.
4. VOTING OR NON-VOTING?
4.1 S9FA(4) and (5) of the Local Government Act 2000 provides for the co-option of a person onto a committee to occupy a non-voting position. Under Schedule A1 of the 2000 Act, a local authority may put in place a scheme to appoint voting co-optees to sit on overview and scrutiny committees.
4.2 The Committee is asked to decide whether or not the Council should approve a scheme to permit scrutiny committee co-optees to be
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entitled to vote and if co-optees to the Adult Social Care and Health Scrutiny Committee should be voting or non-voting. Any voting co- optees would be subject to the Members’ Code of Conduct.
4.3 The position in respect of the co-optees on the Family and Children’s Services (FCS) Scrutiny Committee is different. Here there is a statutory requirement for certain voting co-optees to be appointed. This Committee therefore has four voting co-opted members and also two non-voting co-optees.
5. ALLOWANCES
5.1 The Council’s Members’ Allowances Scheme states:
“A Co-optees' Allowance is an annual allowance in respect of attendance at conferences and meetings paid to a person who is not a member of the authority but who is a co-opted member of a committee or sub-committee. This annual allowance is calculated in relation to each co-optee with reference to the number of anticipated meetings per year at a standard rate per meeting.”
5.2 Co-opted members on the FCS Scrutiny Committee are entitled to receive a co-optees allowance of £1,413 pa.
5.3 The Committee is asked to decide whether co-optees on the Adult Social Care and Health Scrutiny Committee should be entitled to a similar allowance.
6. RECOMMENDATIONS
The Administration Committee is asked to:
(i) approve the provision of two co-opted Members (one from Healthwatch and one from the Clinical Commissioning Group) to the Adult Social Care and Health Scrutiny Committee;
(ii) decide whether the Council should adopt a scheme to allow co-opted members of scrutiny committees to vote;
(iii) decide in principle whether the co-opted Members should be voting or non-voting; and
(iv) confirm that these positions should attract an allowance of £1,413 p.a. under the Members’ Allowances Scheme in line with that to which co-optees on the FCS Scrutiny Committee are entitled and if so, to amend the Council’s Members’ Allowances Scheme to reflect this;
and to recommend the Council accordingly.
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FOR DECISION
Tony Redpath Director of Strategy and Local Services
Background papers: Local Government Act 2000 and related legislation.
Contact officer: Martyn Carver, Principal Governance Manager, Tel: 020 7361 2477. E-mail: [email protected]
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A6
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA
ADMINISTRATION COMMITTEE - 17 DECEMBER 2014
JOINT REPORT OF THE CHIEF SOLICITOR AND HEAD OF REGENERATION LAW AND THE HEAD OF GOVERNANCE SERVICES
THE OPENNESS OF LOCAL GOVERNMENT BODIES REGULATIONS 2014
This report summarises the requirements of these Regulations and what is being done by officers at the Royal Borough (and by our tri- borough partners) to ensure compliance. FOR INFORMATION
1. THE REGULATIONS
1.1 The Openness of Local Government Bodies Regulations, which came into force, at short notice, on 6 August 2014 require local authorities:
(i) to enable the public to report on meetings using film, audio and social media; and (ii) to record and publish certain significant officer decisions.
1.2 No significant difficulties are anticipated in respect of (i) which is consistent with current custom and practice, and Standing Orders have recently been updated to make things more explicit in this regard.
1.3 However (ii) above – the requirement in these Regulations that Councils publish decisions made by officers under delegated powers – will necessitate new administrative arrangements to be put in place in many cases. It will require the decision-making officer to produce a written record of any decision, made:
(i) Under a specific express authorisation (i.e. a one-off delegation); or
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(ii) Under a general authorisation (i.e. an ‘all officers’ or permanent/repeat delegation), which: grants a permission or licence; affects the rights of an individual (e.g. Council action to revoke a licence or take enforcement action); or awards a contract or incurs expenditure which, ‘materially affects the Council’s financial position’ (see more on this at para.10 onwards).
[Note: Neither routine administrative and organisational decisions or decisions relating to individuals containing confidential or exempt information, e.g. Housing Benefit or care packages, need to be recorded.]
1.4 Where an officer decision falls within the above categories a written record must be produced ‘as soon as practicable’ after the decision- making officer has made the decision and must contain the following information:
(i) the date the decision was taken;
(ii) a record of the decision and the reasons and details of any alternative options considered and rejected; and
(iii) where the decision has been made under a specific express authorisation (i.e. one-off delegation of a specific matter), the name of any Member who has declared a conflict of interest in relation to the decision.
1.5 The written record, together with any background papers must, as soon as reasonably practicable after the record is made, be made available for public inspection (a) at all reasonable hours, at the Council’s offices; and (b) on the website.
[Notes:
1. The Council is entitled to make a charge for providing hardcopies of requested documents and to receive payment in advance. 2. The written record must be retained for 6 years and the background documents for 4 years. There is no requirement to duplicate the recording of decisions which include the date of the decision and the reasons for the decision where these are already published as a result of other statutory requirements. It is not necessary to disclose any information which is confidential or is likely to contain information which is exempt from public disclosure having regard to the usual criteria used for these purposes. 3. Officers who have custody of a document which should be made public and refuse to supply it without reasonable excuse will be guilty of a criminal offence and liable for a fine of up to £200 (this will shortly rise to £800).]
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2. IMPLEMENTATION
2.1 The Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 required that executive decisions taken by officers be recorded and published.
2.2 The new, 2014 Regulations (summarised above) in effect take the requirements of the 2012 Regulations a stage further so this same approach can now be applied to all officer decisions, whether delegated by the executive/Cabinet, Council or a Council-side committee.
2.3 Whilst, clearly, a standard approach to this across the whole of tri- borough would have made this easier to operate, the three boroughs do have a slightly different approach, which is reflected most significantly by their definitions of expenditure which, ‘materially affects the Council’s financial position’.
2.4 Guidance has now been issued to all officers across tri-borough as above and as follows:
Across the whole of tri-borough
2.5 A variety of officer decisions affecting the rights of individuals or the grant of permissions and licences are already published (in accordance with other statutory requirements) in a form which is likely to satisfy all or most of the requirements of the Regulations (e.g. delegated planning and tree work or TPO decisions). Other decisions are also available and on the three Councils’ websites - for example on the Licensing Public Register.
2.6 However it is clear that there are a number of other decisions which relate to the rights of individuals or licences and permissions which are not currently recorded. Some of these will now have to be published for the first time to comply with the new Regulations.
2.7 This will be done locally, i.e. by the department concerned (including on their departmental webpages), and once these are in place they can be weblinked to each Council’s ‘Council and Democracy’ pages.
2.8 A proportionate approach to complying with the Regulations is proposed. It is not practicable to publish as a matter of routine all officer decisions, i.e. including the many routine decisions which form part of the Council’s normal day-to-day operational activities. The assumption must remain that these are taken in accordance with established policies and procedures which have been subject to debate and documentation in the public domain.
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2.9 Where the requirements of the Regulations overlap other transparency initiatives, for example in respect of the publication of commissioning records, efforts will be made to avoid duplication and to cross-reference databases to maximise public accessibility.
At Hammersmith & Fulham
2.10 The threshold for a decision that ‘materially affects the Council’s financial position’ is £20,000.
2.11 Most H&F decisions (even below the £100,000 KD threshold) are already published by virtue of the £20,000 Cabinet Member approval threshold. Therefore £20,000 will be the threshold for the purposes of the term ‘materially affects the Council’s financial position’ in these new Regulations. A variety of officer decisions affecting the rights of individuals or the grant of permissions and licences are presently published (in accordance with other statutory requirements) in a form which is likely to satisfy all or most of the requirements of the Regulations (e.g. planning applications and tree works and TPOs). Other decisions are also available and on the website for example through the Licensing Public Register.
At Kensington and Chelsea
2.12 The threshold for a decision that ‘materially affects the Council’s financial position’ is £100,000. This (which is the current ‘key decision’ threshold) was the figure set for the purposes of the 2012 Regulations and will be used too as the criteria in the 2014 Regulations for a decision that ‘materially affects the Council’s financial position’.
2.13 One important thing to note is that the handful of executive decisions currently delegated permanently to officers, e.g. entering into energy contracts, will need now to be properly recorded and published. The Governance Team will be in touch with the officers concerned as these decisions will now need to be captured within the Council’s CMIS committee management system.
At Westminster City Council
2.14 The threshold for a decision that ‘materially affects the Council’s financial position’ is £500,000.
2.15 Any decision taken by officers to award a contract or incur expenditure in excess of £500k must therefore be published (but only if it is not already published by virtue of a Cabinet Member decision). Other decisions already referred to in this guidance (such as granting a permission or licence etc) must also be published, but
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again, only if the information is not published elsewhere on the corporate website. There is no need to duplicate the information.
3. MONITORING
3.1 The Monitoring Officer will review this guidance after the Regulations have been in effect for a year or sooner if necessary and would welcome any comments or feedback from departments.
FOR INFORMATION
LeVerne Parker Chief Solicitor and Head of Regeneration Law Robert Sheppard Head of Governance Services
Background papers used in the preparation of this report: None other than previously published documents.
Please note that the Regulations and Guidance can be found here: www.gov.uk/government/uploads/system/uploads/attachment_data/file/335930/140630_Draft_Op enness_Guide_-F.pdf www.legislation.gov.uk/uksi/2014/2095/pdfs/uksi_20142095_en.pdf
Contact officer: Robert Sheppard (E) [email protected] and (T) 020 7361 2265
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